Negotiations are underway between Leetsdale VFW Post 3372 and the borough to turn the organization’s private parking lot public in an effort to better serve visitors of adjacent Henle Park.
Borough Solicitor Dan Conlon confirmed he has been in talks with Veterans of Foreign Wars Department of Pennsylvania’s State Judge Advocate Frank McGovern, who is representing the post.
The announcement came shortly after a Dec. 11 meeting in which borough council voted 5-1 to pass an ordinance declaring its intention to acquire the lot at 515 Beaver St. by eminent domain “or other methods.”
Councilman Ben Frederick dissented. Roger Nanni was absent.
It was unclear why Frederick was against the ordinance. Calls made to the councilman and a social media message were not returned.
The other methods, which officials stressed were the preferred possibility, include a lease or other deals that would not require lengthy court battles.
Eminent domain allows governments to take private property even if the owner doesn’t want to sell. State law prohibits its use for private business.
The law also states that the taking of private property can be done for public use “in return for just compensation.”
Allegheny County property records list the VFW building as having an assessed value of $197,800 and its land at $76,700. The fair market value would be more.
Conlon said he could not get into details about the negotiations or borough strategies, citing attorney/client privilege.
“The goal is to get parking for the borough,” Conlon said after the meeting. “Public parking for a public park.”
Messages left for McGovern via the VFW state department were not returned, nor were messages left through Post 3372’s social media account.
Post Cmdr. Bill Davis was at the council meeting.
He walked out with other Post affiliates shortly after the vote. Davis would only confirm they have obtained legal counsel and declined further comment.
Davis said Dec. 23 that legal counsel has advised Post members to not comment about the parking issue.
Davis had been outspoken in recent weeks about his desire to maintain parking regulation and not relinquish VFW property.
“People who fought for this country own this property,” Davis said on Nov. 25.
Thousands of people annually flock to the 4.5-acre park along Beaver Street.
There is limited on-street parking across from the park along Ferry Street and no on-street parking next to the park on the Beaver Street side.
The ordinance indicated that taking the lot would net 36 off-street parking spots.
“Henle Park is a long-standing community facility used by residents and visitors for recreation, public gatherings and borough-sponsored events,” according to the ordinance. “The provision of accessible and sufficient parking in proximity to Henle Park promotes public safety, supports the orderly flow of traffic on borough streets and enhances the public’s ability to utilize and enjoy the park and other nearby municipal facilities.”
In a letter signed by the Leetsdale VFW commander and sent to TribLive after the council meeting, the post asks for public support in its fight against the local government.
“We are more than a parking lot, we are a post home for combat veterans,” the letter read. “This property is owned, maintained and paid for by the men and women who have served this nation. To take it through force of law is not just a seizure of land; it is a profound disrespect to those who have already given so much.”
The letter goes on to question whether the borough has exhausted all its other parking options, and urged council to halt its eminent domain proceeding.
Brief parking history
The VFW parking lot has been a sensitive issue for a long time, according to officials from both sides.
Davis earlier this year said some park-goers in previous summers would leave trash scattered about the lot.
There are multiple signs in the lot telling visitors spaces are reserved for VFW members and guests.
Davis in previous interviews with TribLive said the Post does open its lot to the community, particularly the Sewickley Valley YMCA for some of its programs.
Borough officials said the VFW’s position makes it difficult to access two Americans with Disabilities compliant parking spaces the borough had installed in October.
The spaces were the second set of ADA spaces made possible through grant funding. The other set was installed last year by the War Memorial on the Perry Street side.
The VFW put concrete barriers near the ADA spaces, making them difficult to access. There are multiple concrete and plastic barriers in a row, less than a foot inside what VFW officials said is their property line.
Both the borough and the VFW had the estimated 20,000-square-foot lot surveyed. There are white markers at the site identifying the property line.
Deal preferred
Council Vice President Osman Awad said he would prefer a deal be made with the VFW.
“We want to be a good neighbor, as we’ve been in the last 100 years,” Awad said.
Council President Maria Napolitano believes a mutually beneficial agreement can be made.
“Right now, our legal counsel is in communication with the VFW,” she said. “We are looking, as always, for a mutual solution.”
Deals with the VFW for lot use would not be unprecedented.
In the summer, the VFW came to terms on a parking lease with diVino Wine Bar — several blocks away along Broad Street — so the business would be in compliance with the borough’s zoning ordinance.
Davis said Jan. 7 the agreement with the business is for temporary, as-needed overflow parking, and those allocated spaces have not been used.
The business will cover liability insurances and clean up the spaces after use. No monetary compensation was ever considered, Davis said.